County Claim form Reston’s

[HJH1611]

Hi.

I’m having some trouble with Reston’s solicitors they have issued a county claim against me for a debt that is over 6 years old, July 12. I have defended the claim on Money.gov and sent the typical cca letter to Reston’s and noted the debt may in fact be statute barred.

Reston’s have responded stating the account went into default in 2014, which is irrelevant anyway. As I understand it because the cause of action date is what matters, could be wrong and happy to be corrected.

Im concerned that by attempting to defend this I will just end up with a CCJ anyway as there seems to be no actual written way these things end up. Even tried to ring the court for advice but gave up after no one picked up for 40 minutes.

Any advice GREATLY appreciated.

Thanks

[MasterCoder]

Hi

The six year statute barred clock starts running from the date you last paid or acknowledged the debt. So if you were making token payments up to 2014 then the debt is still within the time frame.

I think the important questions to ask are, what kind of debt is this? Credit card, Overdraft, Loan etc. And also, when did you last make a payment towards it?

[Amethyst]

It'd be a long time from last payment to default if you think it went stat barred in 2012 - so seems unlikely - I'd have a read herehttps://legalbeagles.info/library/gu...y-court-claim/ and send the cca and cpr letters for info, also SAR the original creditor.
Does it show on your credit file ?

[HJH1611]

Thanks for the replies. I never paid anything towards the debt and it was an overdraft on a student account. Completely forgot it existed until a few weeks ago. I just find it strange that the DCA are replying with false information. I have CCA’d them but all I got back was a letter stating they would not withdraw from court proceedings and that the accounts default date is when the statute barred would apply.